New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-19
PRICE THREE CENTS.
COLONEL GERHARD STRIKES,
he GETS A WARRANT FOR SECRETARY
WELLS, OF THE NEWYORK CLUB.

MIX WELLS WILL GO TO COURT ON MONDAY-AN
OFFICER VISITS THE CLUB THE COLONEL
CHARGES THE SECRETARY WITH BLACK
MAIL - FEATURES OF THE CASE.
warrant is IN the hands of an officer of The
YOrkville Police Court for the arrest of Henry C..
Wells. secretary of the New-York Club IL vas
issued by Justice Henry Murray. Of the court, on
application or Colonel Edward Gebhard, and
IS the latest feature IN the trouble which
has arisen between Gehhard and the club.
About Il a. m. yesterday Colonel Gebhard went
before Justice Murray and submitted an afiidaviA
in winch he charged Secretary Wells with black
mail and asked for warrant. The Justice granted
the request, and the warrant was placed in the
hands of Acting Sergeant Muldoon. The warrant
was not made returnable at any certain time and
was not expected to be served until this morning.
AT o'clock last evening, however, officer of the
Yorkve Court went TO the New-York Club,
was ushered into the presence OF Mr.. Wells. and
informed that gentleman that be held the
warrant. He told Mr.. Wells at the same time that
he did not desire to place him under arrest, but
that Mr. Wells would be wanted at the court in
flty-scventh-st.. near Ihlrd-ave., at o. m. on
Monday. Mr. Wells readily agreed to ap pear and
was left to enjoy his freedom.
THE CHARGES OF COLONEL GERHARD.
In his affda Wit Colonel Gebhard reviews the en-
tire difficulty between himself ana the club. He
states that he did some legal work It's counsel.
in connection with the purchase of the clubs new
property. For this work he charged 81 800, much
less he asserts, than the he entitled TO.
The sum was audited and paid. Twelve days
after payment the Board of Direction of the club
demanded the return of 81 900, claiming that Geb-
hard had agreed to pay that amount back into the
treasury. mis- promise Gebhard denied. and re-
fused to make the return. lhereupon Secretary
Wells. representing the Board of DuectlOn wrote
the Colonel a letter. makInga formal demand of
payment on penalty of expulsion from the New
York Club. Ii is on this letter that Colonel Geb-
bard bases his char &c Of backma and 10 support
his application he quotes Section JJS Of the Penal
Code, reading as follow
BlackInail-A person knowing the contents there.
OF. and with intent by means thereof to ext0rt gain
amy % T % ur per DI 10 IG 1eI % or procure
ner ca,es TO be forwarded or received makes and
parts with for the purpose that there be de-
lversd. any letter or writing threatening
l. To accuse any prrsoa OF crime
10 do any injury to any person or TO any property;
g. To piblish connve at publishing any libel or,
L. To expose or impute 10 person any de orBy or
disgrace-ls punishable by imprisonment for Not mere
than nve years.
Colonel Gebhard maintains that Secretary Wells
letter comes under this law to the letter. IN that it
threatens injury by affxing stigma to his char.
acter.
DID NOT VIII To INCONVENIENCE Mr.. WELLS.
The prosecutor in the case was seen last evening
while at dinner at the Windsor Hotel. He SAID:
There nothing to add TO the facts of the case.
| have been Informed that the warrant has
been served. However. l do not and
did not desire to have Secretary
Wells put to any Inconvenience by the matter.
have not taken this action through sire OF
vengeance. but have been driven to 1t bv persecu-
ton Nor have done il rasnly. have not relied
purely upon my own Judgment of the IN riIs OF the
case, but have consulted my legal advisers
secretary Wells, VINO has been made the scape-
goal of The New-York Club IN the aft r kept out of
the clerk at the clubhouse gave the reply
tlat Mr. Wells was not IN the
club. though it was afterward ascertained that. III
truth, he remained at the club. which Is his home,
AL the evening. he statements OF the clerk re-
gardlng Ira d. Warren. one or the cuo's counsel.
denied haI Mr. Warren was In the no lse he
yielded to persistent inquiry and sent upstairs for
that his presence there had been kept secret all the
evening. lnasmuch as IL had not been done in
accordance with his desire. With reference to the
- Mr.. Wells and have been here all the evening.
An officer OF the court informed Mr. Wells that the
warrant had been ISSUED, but did not arrest the
secretary. If he had done so il would
have amounted TO but a matter Of form. for Mr:
Wells was aware OF be state of affairs before and
had prepared tor tue emergency. All Ie members
OF the club were ready 10 90 on his bond at once
We are ali glad. ra her than otherwise, az the turn
the matter has taken. for we shall now have an
IN the case We co lid think OF nothing more desr-
able. The charge is simply an absurilty. and
not even lundtic would expect 1t to hold good in
court
TO recur to the history of the case-between the
time of receiving Secretary Weiss letter and the
charge OF backmaIl, Colonel Gebhard obtained
temporary injunction restraining the club from ex
peilIng nim This injunction was dissolved by
Judge Barrett, who also refused to grant perna-
nent As as the IN junction was dissolved
the Colonel sent his Teslgnation to the president,
James ID. Smith. The document was laid on the
table. aud action on 1t is still peuding.
The action for backmall was not wholly sur
prise. ln an interview which was published IN
HE tribune on Wednesday Colonel Gebnard eX-
pressed his intention OF bringing such an action
# he were further ANNOYED. Ii ls understood that
the Colonel viii not be satisfied with tne arraign.
ment of Mr. We Is. hut intends include President
Smith in the charge.